While the Fair Work Commission’s amendments to the Award will produce more clarity in employee classification and fairer employment terms for employees in commission-only contracts, employees and employers alike must take extra caution in drafting their contracts to ensure they adhere to the more stringent requirements. Your existing employment/contractor structures and pro forma material may need to be reviewed to ensure compliance.
When someone brings an action against you in court, you may find out when the initiating documents are served on you. If they are looking for damages, the documents can be an Application, or more usually a Claim (and a Statement of Claim). These are documents that have been written in the specific form required by the court and they set out what the party suing you (the plaintiff) says you owe them (the Claim) and the reasons why (the Statement of Claim).